The Chief Justice, Gertrude Araba Asaaba Sackey Torkornoo, has requested of President John Dramani Mahama to furnish her with copies of the petitions seeking her removal from office.
In a letter to the President barely 24 hours after consultations with the Council of State in respect of three of eruptions seeking her removal, Justice Torkornoo argued that furnishing her with the petition would enable her ready to respond adequately to the petitions. • Chief JusticeGertrude Torkornoo PresidentJohn Mahama "I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6), before the possible setting up of a Committee of Inquiry under Article 146 (7)," she stated.
She argued that when the removal of a Superior Court Judge under Article 146 (1) is triggered, the first requirement of due process is for the petition to be brought to the attention of the accused to obtain their response to the petition. "This is the right offered every citizen in justice delivery, and it is provide for in Article 146 procedures," she added.
Revealing that she has applied the above procedure in respect of five petitions against justices of the Superior Court of judicature under Article 146 (4), Justice Torkonooo stressed that it was the evidence in the petition and the responses that would determine the material for consultation between the President and the Council of State. "These two sources serve to guide whether a primary facie case has been established, such that a Committee of Inquiry be set up under Article 146 (7) to inquire whether the Chief Justice may be removed from office. "This is the direction of the Supreme Court in the case of Adjei-Twum vs The Attorney-General and Akwtettey [2005-2006] SCGLR 732," she stressed.
